BCAETF has the right at any time to change or discontinue any
aspect of the services, including the content, hours of availability, and
equipment needed for access to or use of the MLToolbox.org site.
User ID/Password
One User ID and
Password is issued for your use alone. This may not be shared. You are responsible for maintaining the
confidentiality of your User ID/Password. You are responsible for all uses of
your account, whether or not authorized by you. You agree to notify BCAET,
by contacting bgarbrec@battle-creek.k12.mi.us, immediately of any suspected or
actual unauthorized use of your account.
You will not attempt or engage in any form of reverse engineering or otherwise attempt to de-compile the code that operates the Site or generates the Services, not will you take or attempt any other action designed to reveal proprietary information in any manner relating to the functioning or content of the Site.
The Services are intended for use strictly within a classroom-teaching
environment. You shall not use the Services for any purpose other than as a
learning aid or point of reference for classroom activities.
You agree not to post any inappropriate materials on the Site.
BCAETF reserves the right to remove any item, which, in the view of BCAETF, is
inappropriate for the Site. By way of illustration, and not limitation, such
material includes material that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, or racially, ethnically or otherwise objectionable.
You agree that you will not
use any robot, spider, scraper or other automated means to access the Site for
any purpose without our express written permission. Additionally, you agree
that you will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content from the Site without the prior
expressed written permission of BCAETF and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the Site; or (iv) bypass measures we
may use to prevent or restrict access to the Site.
Proprietary Rights
You acknowledge and agree that the Site contains
information, text, software, photos, video, graphics, music, sounds and other
material (called "Materials") that are protected by proprietary
rights throughout the world, including but not limited to copyright, trademark
rights and patent rights (called "Intellectual
Property Rights"). These Intellectual Property Rights are valid and
protected in all forms, media and technologies existing now or developed
later. All right, title and interest in
and to these Materials, including but not limited to all Intellectual Property
Rights, belong solely and exclusively to BCAETF or its licensors.
Copyright law limits
your right to reproduce, use, sell, transmit, publish, broadcast, or otherwise
disseminate or distribute Materials from the Site to anyone, including but not
limited to others in the same company, school, college or other organization,
whether or not for a charge or other consideration, including but not limited
to use in connection with the sale, retransmission, distribution, publication,
broadcasting, circulation or other dissemination, for any purpose, whether
commercial or otherwise, without the express prior written permission of the
copyright owner or BCAETF.
Placing
Information on MLToolbox.org
Certain areas of the Site are provided for users to post and
exchange ideas and information. BCAETF does not take responsibility for any
information, in whatever form, posted or exchanged by users on the Site. The
views and opinions expressed therein do not necessarily reflect those of BCAETF
or its content providers or licensors. If you elect to place information on the
Site, you hereby represent and warrant that you have all necessary rights in
and to any information that you post on the Site, and that in doing so you will
not infringe on any personal or proprietary rights of any third parties.
Furthermore, you understand that by posting or exchanging any information on
the Site, you will be making the information fully accessible and available to
third parties, who may be able to reproduce, distribute or alter these items.
You hereby represent that doing any of these things in relation to the items
you post or exchange will not infringe the rights of any third parties.
Your Information and your
activities on the Site shall not: (a) be false, inaccurate or misleading; (b)
be fraudulent; (c) infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; (d)
violate any law, statute, ordinance or regulation; (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or
contain child pornography; (g) contain any viruses, Trojan horses, worms, time
bombs, cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; or (h) create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
suppliers.
Third Party Content and Monitoring
BCAETF is a distributor (and not a publisher) of content supplied
by third parties and users of the Site. Accordingly, BCAETF has no editorial
control over such content. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers and users, are those of the respective author(s)
or distributor(s) and not of BCAETF. BCAETF neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, information, or
statement made on the Site by anyone other than authorized BCAETF employee
spokespersons while acting in their official capacities. BCAETF has the right, but not the obligation,
to monitor and review the content on the Site and your account to determine
compliance with the conditions of use and operating rules established by
BCAETF, to satisfy any law, regulation or authorized government request, or for
other reasonable purposes. You understand and acknowledge that BCAETF does not
monitor content for accuracy or reliability.
Disclaimer of Warranty; Limitation of Liability
You are responsible
for obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the Site and all charges related
thereto.
You expressly agree that the use of the Services is at your sole
risk. Neither BCAETF, its affiliates nor any of their respective directors,
officers, employees, agents, third party content providers or licensors warrant
that the Services will be uninterrupted or error free; nor do they make any
warranty as to the accuracy, completeness or reliability of any information
provided through the Site, or as to the results that may be obtained from use
of the Services.
The Services are provided on an "as is" basis. BCAETF
expressly disclaims all warranties of any kind, express or implied, including
without limitation any warranty of non-infringement.
In no event will BCAETF, or any person or entity involved in
creating, producing or distributing the Services, be liable in contract, in
tort (including for its own negligence) or under any other legal theory
(including strict liability) for any damages, including, without limitation,
direct, indirect, incidental, special, punitive, consequential or similar
damages, including, without limitation, lost profits or revenues, loss of use
or similar economic loss, arising out of the use of or inability to use the
Services. You hereby acknowledge that the provisions of this section shall
apply to all use of the Services and content on the Site. In no event shall
BCAETF's total liability to you for all damages, losses and causes of action
whether in contract, tort (including its own negligence) or under any other
legal theory (including strict liability) exceed the amount paid by you, if
any, for accessing the Services.
You also
understand and agree that you download or otherwise obtain material or data
through the use of the Services at your own discretion and risk, and that you
are therefore solely responsible for any and all loss or damage you may suffer
or cause as the result of such downloading, including without limitation any and
all damages to your computer, computer networks, and related hardware,
software, and stored data.
Links
to information on sites other than those operated by, or on behalf of, BCAETF
are for your convenience only and are not an endorsement or recommendation of
those sites. BCAETF has no control over
the operation of linked websites, and therefore has no responsibility for the
content contained on any such website.
Indemnification
You agree to indemnify, defend and hold harmless BCAETF, its
affiliates, officers, directors, employees, consultants and agents from any and
all third party claims, liability, damages and/or costs (including, but not
limited to, attorneys fees) arising from your use of the Services, your
violation of the Terms of Service, or your infringement, or infringement by any
other user of your account, of any intellectual property or other right of any
person or entity.
Miscellaneous
The Terms of Service will be governed by and construed in
accordance with the laws of the State of Michigan, without giving effect to its
conflict of laws provisions or your actual state or country of residence. The
Terms of Service will inure to the benefit of BCAETF's successors, assigns and
licensees. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by BCAETF. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms of Service
to be unenforceable, the remainder of the Terms of Service will continue in
full force and effect. This Terms of Service constitutes the entire agreement
between you and BCAETF with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding this subject matter.
BCAETF may change any of the Terms of Service at
any time. Changes will become effective when BCAETF posts the modified Terms of
Service on the Site. If you do not agree to the changes, you may cancel your
subscription to the Services. Continued use of the Services by you or any other
subscriber under your license constitutes acceptance of the modified Terms of
Service.
These Terms of Service represent the entire
agreement between BCAETF and you with respect to the Services and access of the
Site. Headings herein are for your convenience only and do not have any legal
meaning or effect. If any part of these Terms of Service is invalid, the rest
of the Terms of Service will remain in effect. If BCAETF waives or fails to
enforce any term or condition of these Terms of Service Agreement on any one or
more occasions, whether by conduct or otherwise, its waiver or failure to
enforce will not mean that it must waive or cannot enforce such term or
condition on any other occasion, or any other term or condition of these Terms
of Service. The meaning of these Terms of Service cannot be changed by your or
BCAETF's conduct, even if repeated, or by any custom or practice of others
engaged in the same or similar businesses.
By using the Services and accessing the Site,
however, you are agreeing that BCAETF may collect, use, sell, license and
otherwise distribute demographic data about subscribers in aggregated form (so
that no individual subscriber is personally identifiable) to assist in market
evaluation and for other purposes as reasonably determined by BCAETF.
This policy does not apply to the practices of companies that
BCAETF does not own or control, directly or indirectly, or to people that
BCAETF does not employ, manage or otherwise retain for services.
Information Sharing and Disclosure
BCAETF will send personally identifiable information about
you to third parties only when:
Disclosure is
necessary to investigate, prevent or take action against suspected fraud,
threats against BCAETF or any person or property, or in the event of any other
suspected illegal activity; or
We respond to
subpoenas, court orders or legal process or to otherwise exercise BCAETF's
legal rights or to defend or prosecute legal claims.
Changes to this Privacy Policy
BCAETF may amend this policy from time to time without
direct notice to you. If we make any substantial changes in the way we use your
personal information we will notify you by posting a prominent announcement on
our pages.